Bill Text: VA SB998 | 2023 | Regular Session | Prefiled
Bill Title: Administrative Process Act; appeal of case decisions regarding grant or denial of public assistance.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-01-31 - Passed by indefinitely in Finance and Appropriations (15-Y 0-N) [SB998 Detail]
Download: Virginia-2023-SB998-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §2.2-4025 of the Code of Virginia is amended and reenacted as follows:
§2.2-4025. Exemptions operation of this article; limitations.
A. This article shall not apply to any agency action that (i) is placed beyond the control of the courts by constitutional or statutory provisions expressly precluding court review, (ii) involves solely the internal management or routine of an agency, (iii) is a decision resting entirely upon an inspection, test, or election save as to want of authority therefor or claim of arbitrariness or fraud therein, (iv) is a case in which the agency is acting as an agent for a court, or (v) encompasses matters subject by law to a trial de novo in any court.
B. The provisions of this article, however, shall apply to
case decisions regarding the grant or denial of Temporary Assistance for Needy
Families, Medicaid, food stamps, general relief, auxiliary grants, or
state-local hospitalization. However, no appeal
may be brought regarding the adequacy of standards of need and payment levels
for public assistance and social services programs. Notwithstanding the
provisions of §2.2-4027, the review shall be based solely upon the agency
record, and the court shall be limited to ascertaining whether there was
evidence in the agency record to support the case decision of the agency acting
as the trier of fact. If the court finds in favor of the party complaining of
agency action, the court shall remand the case to the agency for further
proceedings. The validity of any statute, regulation, standard or policy,
federal or state, upon which the action of the agency was based shall not be
subject to review by the court. No intermediate relief shall be granted under §
2.2-4028.
